Categorical Programs Complaints Brochure - UCP contacts and services by wvd19904


									California Department of Education
Legal and Audits Branch
July 5, 2006

Categorical Programs Complaints Brochure
Describes the process in filing a complaint and contacts.

Authorized by California Code of Regulations, Title 5, sections 4600 – 4687

What is a complaint?

    A complaint is a written statement alleging discrimination, or a violation of a
     federal or state law within the following programs:
          Adult Education
          Career/Technical Education
          Child Development
          Consolidated Categorical Aid
                  No Child Left Behind (NCLB)
                  State Compensatory Education
                  State Program for Students of Limited English Proficiency
                  School Improvement
                  Tenth-Grade Counseling
                  Tobacco-Use Prevention Education
                  Peer Assistance and Review
                  School Safety and Violence Prevention Act
          Migrant and Indian Education
          Nutrition Services
          Special Education
          Discrimination
          Harassment
          Civil Rights Guarantees

     Williams Settlement complaints regarding instructional materials,
      emergency or urgent facilities conditions that pose a threat to the health
      and safety of pupils, and teacher vacancy or misassignment may be filed
      anonymously. Schools shall have a complaint form available for these
      types of complaints. Schools will not reject a complaint if the form is not
      used as long as the complaint is submitted in writing.

What are the responsibilities of the complainant?

The complainant:
    Receives and reviews the complaint procedures from the Local
     Educational Agency (LEA).

    Files a written complaint by following the steps described by the LEA
     complaint procedures.
    Provides the LEA investigator with documents and other evidence related
     to the allegations in the complaint.
    Files a written appeal within 15 days to the California Department of
     Education (CDE) for resolution if he or she finds the Decision of the LEA is
    Specifies in the appeal, the reason for the appeal to CDE and why the LEA
     facts are incorrect and/or the law is misapplied. The appeal packet shall
     contain a copy of the original complaint to the LEA and a copy of the LEA
    Requests a reconsideration within 35 days to the State Superintendent of
     Public Instruction (SPI) if he or she finds the determination of the CDE’s
     finding of facts are incorrect or the law is misapplied.

What are the responsibilities of the LEA?

The LEA:
    Ensures compliance with applicable federal and state laws and regulations.
    Adopts complaint policies and procedures not inconsistent with the
     California Code of Regulations, Title 5, Sections 4600 – 4687.
    Designates a staff member to be responsible for receiving, investigating
     and resolving complaints.
    Annually notifies parents, employees, committees, students and other
     interested parties of the LEA complaint procedures, including the
     opportunity to appeal the LEA’s Decision. The notice must also advise
     recipients of any civil law legal remedies that may be available. The notice
     must be (a) in English; (b) in the primary language of the students when 15
     percent or more of the students speak that language.
    Protects complainants from retaliation.
    Implements the following procedures:
          1. Any individual, public agency, or organization alleging a violation of
             federal or state statutes may file a written complaint regarding
             specific programs with the LEA.
          2. Discrimination complaints must be filed with the LEA by a person
             harmed or by a person on behalf of others who have been
             subjected to discrimination. These complaints must be filed no later
             than six months from the date of the occurrence, or from the time
             the complainant first learned of the facts of the discrimination. The
             LEA must protect the confidentiality of the parties and the facts
             related to the case.
    Resolves the complaint and completes a written report within 60 days of
     receipt of a complaint. The LEA must give the filing party and opportunity to
     present evidence relevant to the complaint. The LEA must also advise the
     complainant regarding appeal rights to CDE within 15 days of receipt of the
     LEA Decision.

What are the responsibilities of the CDE?

The California Code of Regulations, Title 5, Section 4610 authorizes CDE,
through the UCP to process only complaints regarding student discrimination
and/or categorical programs that are mandated by certain federal and state
statutes and regulations as appeals of the LEA Decision or, in certain specified
situations, directly.

The CDE:

    Reviews, monitors and provides technical assistance to all LEAs regarding
      the adoption of complaint UCP policies.
    Refers each complaint to the LEA for resolution when appropriate.
    Considers a variety of alternatives to resolve allegations in the appeal
           1. The LEA fails to act within 60 days.
           2. A complainant appeals an LEA Decision if he or she believes as a
               matter of fact or law the Decision is incorrect.
           3. The Department determines that direct intervention is necessary.
     Requires corrective action by the LEA if non-compliance issues are
       identified during the investigation.
     Provides monitoring and technical assistance to LEAs to ensure resolution
       on non-compliant findings.
     Gives either party the right to request reconsideration of the CDE report to
       the SPI within 35 days of the receipt of the report.
     Gives either party the right to appeal the CDE report to the United States
       Secretary of Education for those programs governed by Part 76 of Title 34
       of the Code of Federal Regulations.

Contacts for Programs and Services Covered Under the Uniform Complaint

Adult Education
Adult Education Office

Career/Technical Education
Regional Occupational Centers and Programs and Workforce Development

Child Care and Development, including: Alternative Payment, CalWORKS
   Stage 2 & 3, Exceptional Needs, Family Child Care Homes, General, Migrant,
   Protective Services, Resource and Referral, School-Age (Latchkey), Severely

   Handicapped, and State Preschool.
Child Development Office

Consolidated Categorical Aid, including: Economic Impact Aid/State
   Compensatory Education (EIA/SCE) Economic Impact Aid/State Program for
   students of Limited English Proficiency (EIA/LEP) No Child Left Behind, Titles
   I-VI (NCLB) School Improvement Tenth-Grade Counseling Tobacco-Use
   Prevention Education (TUPE) Peer Assistance and Review (PAR) School
   Safety and Violence Prevention Act
Categorical Programs Complaint Management office

Migrant Education
Migrant, Indian, and International Education Office

Nutrition Services
Nutrition Services Division

Special Education
Procedural Safeguards and Referral Services Unit

Facilities (for Williams Settlement cases)
School Facility Planning Division

Office of Equal Opportunity, including: Discrimination, Harassment, and Civil
    Rights Guarantees
Office of Equal Opportunity

For additional general information on Uniform Complaint Procedures, contact the
Categorical Programs Complaints Management office, California Department of
Education, Legal and Audits Branch, 1430 N Street, Ste, 5408, Sacramento, CA
95814; telephone 916-319-0929, or visit our Web site at: .


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